A company, represented by the team of IP Consulting filed an Opposition against all the classes of a Bulgarian trade mark application “ЦАРСКА ТРАПЕЗА”.
The opposition has been filed under Article 38b, par. 1, pt. 1 in connection to Art. 12, par.1, pt. 1 from Law on Marks and Geographical Indications /LMGI/.
According to Article 12, par. 2, pt. 1 LMGI, the opposition is based on the following earlier registered trade marks:
- a Bulgarian trade mark № 86594 “ЦАРСКА НАДЕНИЦА”, applied on 08/01/2013 and registered on 28/10/2013 for Classes 16, 29 and 40;
- a Bulgarian trade mark № 91296 “ЦАРСКА”, applied on 13/02/2014 and registered on 08/06/2015 for Classes 16, 29 and 40.
The opponent claimed that earlier trade marks and the filed trade mark have a phonetic, visual and meaningful similarity. Also, they coincide in their dominant word element – “ЦАРСКА”.
The trade marks have an identical Class 29. Moreover, services of Classes 35 and 43 of the contested trade mark are related to the goods and services in Classes 29 and 40 of the earlier trade marks.
Briefly, the opponent deemed that the trade marks have a high degree of similarity. which creates a prerequisite for association between them. Therefore, these facts may lead to a likelihood of confusion in the relevant consumers.
The Bulgarian Patent Office has decided to reject partially the application for registration of a national trade mark “ЦАРСКА ТРАПЕЗА”. The rejection concerns all applied goods in Class 29 of the contested trade mark.
